HONDURAS FINAL REPORT General Elections 2017 EUROPEAN UNION ELECTION OBSERVATION MISSION www.moeue-honduras.eu This report has been produced by the European Union Election Observation Mission (EU EOM) to Honduras 2017 and contains the conclusions of its observation of the general elections. The contents of this report do not necessarily reflect the official position of the European Union. European Union Election Observation Mission, Honduras 2017 Final Report on the General Elections TABLE OF CONTENTS I. EXECUTIVE SUMMARY ....................................................................................................................................................3 II. THE EU EOM AND THE 2017 GENERAL ELECTIONS ..........................................................................................................8 III. POLITICAL CONTEXT........................................................................................................................................................9 IV. ELECTION SYSTEM ..........................................................................................................................................................9 V. ELECTION CAMPAIGN ...................................................................................................................................................10 VI. LEGAL FRAMEWORK .....................................................................................................................................................13 VII. CIVIL REGISTRY AND VOTER REGISTER .........................................................................................................................15 VIII. CANDIDATE REGISTRATION ..........................................................................................................................................17 IX. VOTING, AGGREGATION AND PUBLICATION OF RESULTS ............................................................................................20 X. COMPLAINTS AND APPEALS .........................................................................................................................................23 XI. MEDIA ...........................................................................................................................................................................27 XII. WOMEN’S PARTICIPATION ...........................................................................................................................................32 XIII. PARTICIPATION OF INDIGENOUS AND AFRO-HONDURAN CITIZENS ............................................................................33 XIV. PARTICIPATION OF THE LGBTI COMMUNITY ................................................................................................................34 XV. PARTICIPATION OF PEOPLE WITH DISABILITIES ............................................................................................................35 XVI. NATIONAL OBSERVATION.............................................................................................................................................35 XVII. ANALYSIS OF THE RESULTS ...........................................................................................................................................35 XVIII. RECOMMENDATIONS ..................................................................................................................................................36 2 European Union Election Observation Mission, Honduras 2017 Final Report on the General Elections I. EXECUTIVE SUMMARY The 2017 general elections, in which parties and candidates from across the Honduran political spectrum competed, took place in a context of significant polarisation, which was exacerbated by the candidacy of the outgoing President, Juan Orlando Hernández, following a ruling by the Supreme Court which found that the prohibition on presidential re-election was inapplicable. The main opposition parties strongly contested the ruling. Following a campaign characterised by inequality of resources and of media coverage, in favour of the ruling party, election day was well-organised and generally peaceful, and the vote counting in polling stations respected voters’ will, and took place in the presence of representatives of the main political parties. The Tribunal Supremo Electoral implemented a publication system which ensured that candidates and citizens alike were able to verify all election results. The EU EOM deplores and condemns the deaths of at least 22 people during the post-electoral protests, and reiterates its call to the Honduran authorities to respect the right to peaceful demonstration. Political context On 26 November, Honduran citizens elected – with a slightly lower turn-out than in 2013 - their President, the 128 members of the National Congress, and mayors and councillors in the 298 municipalities, as well as their 20 members of the Central American Parliament (PARLACEN). Ten political parties competed in the elections, and some independent candidates ran in the municipalities. Nine candidates ran for the Presidency. The Partido Nacional (PN), Partido Liberal (PL) and Libre chose all their candidates through primary elections held in March 2017. The parties which competed in the elections represented the full spectrum of Honduran politics, and candidate registration processes did not impose undue limitations or unjustified conditions on the right to stand. For the first time since the promulgation of the Constitution in 1982, a President in office ran for re-election - Juan Orlando Hernandez (JOH), of the National Party (Partido Nacional, PN). This came in the wake of a 2015 ruling by the Supreme Court, which declared the Constitutional prohibitions on re-election inapplicable. The court decision, which de facto removes presidential term limits, was strongly contested from the outset and continues to be denounced by the main opposition forces, although these nonetheless decided to take part in the elections. The issue of presidential re-election, so sensitive in Honduras that it triggered the coup d’état of 2009 and the removal from power and the country of then President Manuel Zelaya, overshadowed a polarised election process. As it has stated since its arrival in the country, it is not for the EU EOM to comment on the decision of the Supreme Court Chamber’s decision. However, the mission considers that, if Honduran stakeholders agree, it would be useful to hold a debate on the subject, with a view to reaching a broad consensus among political forces on how to regulate an issue that is of such importance and sensitivity in the Honduran context. Election Campaign During the election campaign, which lasted three months and only gained intensity in its final stretch, candidates from all political forces and independent candidates alike were generally able to enjoy, without undue restrictions, their rights to freedom of assembly and association, as well as freedom of expression and freedom of movement; although this last was sometimes limited in areas with a strong presence of organised crime. Nonetheless, despite the fact that the campaign was generally peaceful, the EU EOM is aware of cases of violence during the campaign period against candidates and activists from different parties – which included the murder of six activists for the Partido Nacional, Libre and the Partido Liberal – the motive of which, political or otherwise, has not been established. 3 European Union Election Observation Mission, Honduras 2017 Final Report on the General Elections The different contenders’ unequal economic resources, to the advantage of the Partido Nacional and its candidate Juan Orlando Hernández, was evident throughout the election campaign. This imbalance was particular acute in the media, but was also visible, albeit to a lesser extent, in election propaganda materials. The inequality of resources was exacerbated by instances of the use of State resources for campaign purposes and, most frequently, the very blurred distinction between the Government and the Partido Nacional during the distribution of goods or services in the context of State social programmes. The adoption, in 2016, of the Clean Politics Law (Ley de Política Limpia) clearly constitutes a significant improvement, as it strengthens the requirements regarding transparency of campaign funding sources and spending, as well as fixing limits on the latter, with the aim of confronting corruption, illicit funding or parties and candidates, including the penetration of money from drug trafficking and other organised crime in election campaigning. The law’s first implementation coincided with a notable drop in the estimated spending on the 2017 campaign as compared to 2013. However, the spending limits did not ensure a level playing field for the different parties and candidates, at least partly because the ceiling set by the Tribunal Electoral Electoral (TSE) was still fairly high, allied with the fact that the two main opposition parties were not able to secure significant private funding. Legal framework The legal framework for elections in Honduras generally provides an adequate basis for holding democratic elections, in line with the country’s international commitments. Although the National Congress has launched numerous electoral reform initiatives since 2014, only two relatively minor modifications have been approved. As such, with the exception of the new Clean Politics Law, the number of electoral reform initiatives